Vivek Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37428 of 2022 Arising Out of PS. Case No.-395 Year-2021 Thana- BHELDI District- Saran ====================================================== VIVEK BAITHA SON OF LATE KAMESHWAR BAITHA RESIDENT OF VILLAGE- KISHUNPUR, P.S.- BHELDI, DISTRICT- SARAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kundan Kumar, Adv.

For the Opposite Party/s :

Mr.Tarun Prasad Mandal, APP Mr.Arun Kumar Rai, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-11-2022 Heard the parties.

Learned counsel for the petitioner is directed to remove the defects within four weeks.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 304(B)/120(B)/201/34 IPC. Allegedly, the F.I.R. named accused persons including the petitioner in connivance with each other killed the daughter of informant and concealed her dead body due to non-fulfillment of demand of dowry.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation

Patna High Court CR. MISC. No.37428 of 2022(2) dt.22-11-2022 2/2 leveled against the petitioner is not specific rather general and omnibus in nature. Petitioner is the brother-in-law of the deceased. Husband and mother-in-law of the deceased have already been granted regular bail by a co-ordinate Bench of this Court. It is further submitted that police after investigation has filed charge sheet u/s 302 and other sections of the IPC. Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since there is no specific overt act against the petitioner, let him, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Bheldi P.S. Case No.395/2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T